Certain Snow Removal Contract Provisions now Void Per Illinois State Law

October 17, 2016

The Snow Removal Liability Limitation Act (815 ILCS 675) (“Act”) became effective on August 25, 2016. The Act will affect many of the contracts that condominium associations may enter into with snow/ice removal services (i.e. landscaping companies). It holds that certain provisions typically included in snow/ice removal contracts are now void as against public policy, including indemnification agreements, hold harmless provisions, and provision mandating defense against tort liability. 

 

Note, however, that the Act will only affect those contracts that are entered into after the effective date of August 25, 2016. Accordingly, any contract provision in a snow/ice removal contract entered into after the effective date of the Act (August 25, 2016) is void if is requires any of the following:

 

1. The service provider (snow/ice remover) (“SP”) to indemnify a service receiver (i.e. the condominium association) (“SR”) for damages resulting from acts or omissions of the SR or SR’s agents or employees. 

2. The SR to indemnify the SP for damages resulting from acts or omissions of the SP or SP’s agents or employees.

3. The SP to hold a SR harmless from tort liability for damages for damages resulting from acts or omissions of the SR or SR’s agents or employees.

4. The SR to hold a SP harmless from tort liability for damages for damages resulting from acts or omissions of the SP or SP’s agents or employees.

5. The SP to defend a SR against tort liability for damages resulting from acts or omissions of the SR or SR’s agents or employees.

6. The SR to defend a SR against tort liability for damages resulting from acts or omissions of the SP or SP’s agents or employees.

 

The Act does not apply to contracts for snow or ice removal on public roads and also does not apply to insurance policies, surety bonds, or workers’ compensation, nor does it affect any liabilities, immunities or defenses under the law. 

 

These provisions may start to disappear from many contracts given the Act, but note that should these provisions be included in your contract for the snow removal season, those particular provisions will be rendered unenforceable pursuant to Illinois law. 

 

Should you have any questions regarding this or any other contract issues, feel free to contact us

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